New Jersey law regarding overtime pay is state in Title 34, Chapter 11, Article 1 of the New Jersey Code inthe sections below.

• 34:11-2. Weekly payment of wages by railroad, express, car-loading and car-forwarding companies; agreements to contrary; action by employee
• 34:11-4.1. Definitions
• 34:11-4.2. Payday; Payment of wages, Time and mode of; When payday falls on a nonwork day.
• 34:11-4.2a. Payment by deposit in financial institution; consent by employee; cancellation; notice
• 34:11-4.3. Termination or suspension of employment
• 34:11-4.4. Withholding from wages
• 34:11-4.4a. Contributions withheld, diverted; conditions
• 34:11-4.5. Death of employee
• 34:11-4.7. Agreements by employer with employee
• 34:11-4.8. Dispute over amount of wages
• 34:11-19. Punishment for issuing orders in payment for labor
• 34:11-21. Attempting to control employees in purchase of store goods unlawful
• 34:11-22. Penalty for attempting to control employees in purchase of store goods
• 34:11-24.1. Medical examinations requested by employers.

Every railroad, express, car-loading, and car-forwarding company authorized to do business by the laws of thisState shall pay once each week to each employee, the wages earned for the 7-day period ending not more than 14days prior to such payment. Wages means those earnings derived from basic pro rata rates of pay pursuant to a laboragreement, and shall not include incentives, bonuses, and other similar types of fringe payments.

If, at any time of payment, as required by this section, any employee of any such railroad or other company shallbe absent from his regular place of labor, and shall not receive his wages through a duly authorized representative,he shall be entitled to such payment at any time thereafter, upon demand upon the proper paymaster at the placewhere such wages are usually paid and at the place when the next pay is due.

It shall not be lawful for any such railroad or other company to enter into or make any agreement with any employeefor the payment of the wages of any such employee otherwise than as provided in this section, except to pay suchwages at shorter intervals than as herein provided. Every agreement made in violation of this section shall bedeemed to be null and void, and shall not be a defense to the action for the penalty provided for in section 34:11-3of this Title; and each and every employee with whom any agreement in violation of this section shall be made bysuch railroad or other company shall have his action and right of action against such railroad or other companyfor the full amount of his wages in any court of competent jurisdiction in this State.

34:11-3. Penalty for violation; suit; limitation of action; disposition of penalties

Any railroad company which shall violate the provisions of section 34:11-2 of this title shall forfeit and paythe sum of twenty-five dollars for each violation to be recovered in any court of competent jurisdiction by anyperson who shall sue for the same, one-half of the penalty to go to the person suing therefor, and the remainderto go to the state; provided, complaint of such violation be made within sixty days from the date the wages becomepayable according to the terms of said section 34:11-2.

34:11-4.1. Definitions

1. As used in this act:

a. "Employer" means any individual, partnership, association, joint stock company, trust, corporation,the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor ofany of the same, employing any person in this State.
For the purposes of this act the officers of a corporation and any agents having the management of such corporationshall be deemed to be the employers of the employees of the corporation.

b. "Employee" means any person suffered or permitted to work by an employer, except that independentcontractors and subcontractors shall not be considered employees.

c. "Wages" means the direct monetary compensation for labor or services rendered by an employee, wherethe amount is determined on a time, task, piece, or commission basis excluding any form of supplementary incentivesand bonuses which are calculated independently of regular wages and paid in addition thereto.

d. "Commissioner" means the Commissioner of Labor.

34:11-4.2. Payday; Payment of wages, Time and mode of; When payday falls on a nonwork day.

Except as otherwise provided by law, every employer shall pay the full amount of wages due to his employeesat least twice during each calendar month, on regular pay days designated in advance by the employer, in lawfulmoney of the United States or with checks on banks where suitable arrangements are made for the cashing of suchchecks by employees without difficulty and for the full amount for which they are drawn. An employer may establishregular paydays less frequently than semimonthly for bona fide executive, supervisory and other special classificationsof employees provided that the employee shall be paid in full at least once each calendar month on a regularlyestablished schedule. If a regular payday falls on a nonwork day, that is, a day on which the workplace of an employeeis not open for business, payment shall be made on the immediately preceding work day, except where it is otherwiseprovided for in a collective bargaining agreement. The end of the pay period for which payment is made on a regularpayday shall be not more than 10 working days before such regular payday, provided that if the regular payday fallson a nonwork day payment shall be made on the preceding work day.

34:11-4.2a. Payment by deposit in financial institution; consent by employee; cancellation; notice

In lieu of paying wages directly to employees as provided by P.L.1965, c. 173, s. 2 (C. 34:11-4.2), an employermay, with the consent of some or all his employees, arrange with a financial institution or financial institutionsto pay the wages of each employee so consenting by causing the amount of such employee's wages to be depositedin an account maintained in any such financial institution in the name of such employee, subject to withdrawaland other disposition by such employee to the same extent and in the same manner as if such deposit were made directlyby such employee. Any such employee may, on timely notice to the employer, elect not to have his wages depositedas provided herein, and to be paid such wages directly in the manner otherwise provided by law. Financial institutionas used herein means any State-chartered or Federally-chartered institution authorized to accept deposits in NewJersey.

34:11-4.3. Termination or suspension of employment

Whenever an employer discharges an employee, or when the work of an employee is suspended as a result of a labordispute, or when an employee for any reason whatsoever is laid off, or whenever an employee quits, resigns, orleaves employment for any reason, the employer shall pay the employee all wages due not later than the regularpayday for the pay period during which the employee's termination, suspension or cessation of employment (whethertemporary or permanent) took place, as established in accordance with section 2 of this act; or in the case ofemployees compensated in part or in full by an incentive system, a reasonable approximation of all wages due, untilthe exact amounts due can be computed; provided, however, that when any employee is suspended as a result of alabor dispute and such labor dispute involves those employees who make up payrolls, the employer may have an additional10 days in which to pay such wages. Such payment may be made either through the regular pay channels or by mailif requested by the employee.

34:11-4.4. Withholding from wages

No employer may withhold or divert any portion of an employee's wages unless: 

     a.  The employer is required or empowered to do so by New Jersey or United States law; or 

     b.  The amounts withheld or diverted are for:

     (1)  Contributions authorized either in writing by employees, or under a collective bargaining agreement, to employee welfare, insurance, hospitalization, medical or surgical or both, pension, retirement, and profit-sharing plans, and to plans establishing individual retirement annuities on a group or individual basis, as defined by section 408 (b) of the federal Internal Revenue Code  of  1986 (26 U.S.C.s.408(b)), or individual retirement accounts at any State or federally chartered bank, savings bank, or savings and loan association, as defined by section 408 (a) of the federal Internal Revenue Code of 1986 (26 U.S.C.s.408(a)), for the employee, his spouse or both. 

     (2)  Contributions authorized either in writing by employees, or under a collective bargaining agreement, for payment into company-operated thrift plans; or security option or security purchase plans to buy securities of the employing corporation, an affiliated corporation, or other corporations at market price or less, provided such securities are listed on a stock exchange or are marketable over the counter. 

     (3)  Payments authorized by employees for payment into employee personal savings accounts, such as payments to a credit union, savings fund society, savings and loan or building and loan association; and payments to banks for Christmas, vacation, or other savings funds; provided all such deductions are approved by the employer. 

     (4)  Payments for company products purchased in  accordance with a periodic payment schedule contained in the original purchase agreement; payments for employer loans to employees, in accordance with a periodic payment schedule contained in the original loan agreement; payments for safety equipment; payments for the purchase of United States Government bonds; payments to correct payroll errors; and payments of costs and related fees for the replacement of employee identification, which is used to allow employees access to sterile or secured areas of airports, in accordance with a fee schedule described in any airline media plan approved by the federal Transportation Security Administration; provided all such deductions are approved by the employer. 

     (5)  Contributions authorized by employees for organized and generally recognized charities; provided the deductions for such contributions are approved by the employer. 

     (6)  Payments authorized by employees or their collective bargaining agents for the rental of work clothing or uniforms or for the laundering or dry cleaning of work clothing or uniforms; provided the deductions for such payments are approved by the employer. 

     (7)  Labor organization dues and initiation fees, and such other labor organization charges permitted by law. 

     (8)  Contributions authorized in writing by employees, pursuant to a collective bargaining agreement, to a political committee, continuing political committee, or both, as defined in section 3 of P.L.1973, c.83 (C.19:44A-3), established by the employees' labor union for the purpose of making contributions to aid or promote the nomination, election or defeat of any candidate for a public office of the State or of a county, municipality or school district or the passage or defeat of any public question , subject to the conditions specified in section 2 of P.L.1991, c.190 (C.34:11-4.4a). 

     (9)  Contributions authorized in writing by employees to any political committee or continuing political committee, other than a committee provided for in paragraph (8) of this subsection, for the purpose of making contributions to aid or promote the nomination, election or defeat of any candidate for a public office of the State or of a county, municipality or school district or the passage or defeat of any public question, subject to the conditions specified in section 2 of P.L.1991, c.190 (C.34:11-4.4a); in making a payroll deduction pursuant to this paragraph the administrative expenses incurred by the employer shall be borne by such committee, at the option of the employer. 

     (10)  Payments authorized by employees for employer-sponsored programs for the purchase of insurance or annuities on a group or individual basis, if otherwise permitted by law.

     (11)  Such other contributions, deductions and payments as the Commissioner of Labor may authorize by regulation as proper and in conformity with the intent and purpose of this act, if such deductions are approved by the employer. 

34:11-4.4a. Contributions withheld, diverted; conditions

In the case of contributions withheld or diverted pursuant to paragraph (8) or (9) of subsection b. of section4 of P.L.1965, c.173 (C.34:11-4.4), the contribution shall be withheld or diverted only after compliance with thefollowing conditions:

a.The payroll deduction authorization must be signed by the employee and contain the following explanatory statement:

I recognize that my/any contribution through payroll deduction is completely voluntary and in compliance withState law. It shall be unlawful for any person soliciting an employee for contribution to such a fund to fail toinform such employee of his or her right to refuse to contribute without reprisal.

Any questions relative to compliance with election law may be directed to the Election Law Enforcement Commission,28 West State Street, Trenton, New Jersey 08625, (609) 292-8700.

b. Any political action committee or continuing political committee which elects to solicit employees underthe provisions of section 4 of P.L.1965, c.173 (C.34:11-4.4) shall file with the Election Law Enforcement Commissiona statement of registration which identifies the title of the committee and the general category of entity or entities,including, but not limited to, business organizations, labor organizations, professional or trade associations,candidates for or holders of public offices, political parties, ideological groups, or civic associations, theinterests of which are shared by the leadership, members or financial supporters of the committee. The statementof registration shall include:

(1) the names and mailing addresses of the persons having control over the management of the affairs of thecommittee;

(2) in the case of any person identified under paragraph (1) of this subsection b. who is an individual, the occupationof that individual, and the name and mailing address of the individual's employer, or, in the case of any suchentity which is a corporation, partnership, unincorporated association or other organization, the name and mailingaddress of the organization; and

(3) an explanatory statement as to the process utilized for the selection of recipients of funds raised by committee.

c. The political action committee or continuing political committee shall provide space on the payroll deductionauthorization document to allow the employee to direct his or her contributions to specific candidates.

d. No employee may elect to contribute more than $5 per week by means of payroll deduction. No employee may havewages withheld or diverted for more than one political action committee or continuing political committee.

e.No solicitation shall be made for employee contributions on the job or at the workplace.

f. Any political action committee or continuing political committee which elects to solicit employees under theprovisions of this act shall annually provide each employee participant with a financial statement indicating disbursementof funds including administrative charges.

34:11-4.5. Death of employee

a. In the event of the death of an employee all wages due the deceased employee may, upon proper demand on theemployer, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letterstestamentary or of administration in the following order of preference to decedent's:

(1) surviving spouse,

(2) children 18 years of age and over in equal shares, or to the guardian of children under 18 years of age,

(3) father and mother or survivor,

(4) sisters and brothers, or to the person who pays the funeral expenses.

b. Payments under subsection a. of this section made after presentation of proof of relationship shall be arelease and discharge of the employer to the amount of such payment.

34:11-4.6. Dissemination of information; records

Every employer shall:

a. Notify his employees at the time of hiring, of the rate of pay, and of the regular payday designated by theemployer in accordance with section 2 of this act.

b.Notify his employees of any changes in the pay rates or pay days prior to the time of such changes.

c.Furnish each employee with a statement of deductions made from his wages in accordance with section 4 of thisact for each pay period such deductions are made.

d.Keep posted in a place accessible to his employees an abstract of this act furnished by the commissioner, and

e.Make such records as to the persons employed by him, including wage and hour records and preserve such recordsfor such periods of time, as the commissioner shall prescribe by regulation as necessary or appropriate for theenforcement of the provisions of this act, provided that records of the number of hours worked shall not be requiredas to any person employed in a bona fide executive, administrative or professional capacity or in the capacityof outside salesman 18 years of age or older where the wages of such person or persons are not determined by thenumber of hours worked.

34:11-4.7. Agreements by employer with employee

It shall be unlawful for any employer to enter into or make any agreement with any employee for the paymentof wages of any such employee otherwise than as provided in this act, except to pay wages at shorter intervalsthan as herein provided, or to pay wages in advance. Every agreement made in violation of this section shall bedeemed to be null and void, and the penalties in this act provided may be enforced notwithstanding such agreement;and each and every employee with whom any agreement in violation of this section shall be made by any such employer,or the agent or agents thereof, shall have a right of civil action against any such employer for the full amountof his wages in any court of competent jurisdiction in this State.

34:11-4.8. Dispute over amount of wages

a.In case of a dispute over the amount of wages, the employer shall pay, without condition and within the timeset by this act, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies towhich he might otherwise be entitled, including those provided under this act, as to any balance claimed.

b.The acceptance by an employee of a payment under this section shall not constitute a release as to the balanceof his claim and any release required by an employer as a condition to payment shall be in violation of this actand shall be null and void.

34:11-4.9 Duties of commissioner.

a. The commissioner shall enforce and administer the provisions of this act and the commissioner or his authorizedrepresentatives are empowered to investigate charges of violations of this act.

b.The commissioner or his authorized representatives are empowered to enter and inspect such places, question suchemployees and investigate such facts, conditions or matters as they may deem appropriate to determine whether anyperson has violated any provision of this act or any rule or regulation issued hereunder or which may aid in theenforcement of the provisions of this act.

c.The commissioner or his authorized representatives shall have power to administer oaths and examine witnessesunder oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts,records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before thecommissioner.

d.If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify toany matter regarding which he may be lawfully interrogated, it shall be the duty of the Superior Court, on applicationby the commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirementsof a subpoena issued from such court or a refusal to testify therein.

e.The commissioner is authorized to supervise the payment of amounts due to employees pursuant to Article 1 ofchapter 11 of Title 34 of the Revised Statutes, and the employer may be required to make these payments to thecommissioner to be held in a special account in trust for the employees, and paid on order of the commissionerdirectly to the employee or employees affected. The employer shall also pay the commissioner an administrativefee equal to not less than 10% or more than 25% of any payment made to the commissioner pursuant to this section.The amount of the administrative fee shall be specified in a schedule of fees to be promulgated by rule or regulationof the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1et seq.). The fee shall be applied to enforcement and administration costs of the Division of Workplace Standardsin the Department of Labor.

f.The commissioner or his designee is authorized to enter into a reciprocal agreement with the labor departmentor other corresponding agency of any other state or with a person or body authorized to act on behalf of that agency,for the collection of claims and judgments for wages, administrative fees or penalties based on claims arisingin each others' states.

To the extent provided for by the laws of the other state or by any reciprocal agreement entered into with anagency of the other state as provided in this subsection, the commissioner or his designee may: (1) maintain actionsin the courts of the other state for the collection of claims and judgments for wages, administrative fees andpenalties; and (2) assign the claims and judgments to the agency in the other state for collection.

Upon the written consent of the agency in the other state, or the person or body authorized to act on behalf ofthat agency, the commissioner or his designee may maintain actions in the courts of this State upon assigned claimsand judgments for wages, administrative fees and penalties arising in the other state in the same manner and tothe same extent that such actions by the commissioner or his designees are authorized when arising in this State,but only if the other state extends, by law or agreement, a like comity to cases arising in this State.

34:11-4.10. Penalty

Any employer who knowingly and willfully violates any provision of P.L.1965, c.173 (34:11-4.1 et seq.) shallbe guilty of a disorderly persons offense and, upon conviction for a violation, shall be punished by a fine ofnot less than $100 nor more than $1,000. Each day during which any violation of this act continues shall constitutea separate and distinct offense.

As an alternative to or in addition to any other sanctions provided by law for violations of P.L.1965, c.173 (C.34:11-4.1et seq.), when the Commissioner of Labor finds that an employer has violated that act, the commissioner is authorizedto assess and collect administrative penalties, up to a maximum of $250 for a first violation and up to a maximumof $500 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulationby the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1et seq.). When determining the amount of the penalty imposed because of a violation, the commissioner shall considerfactors which include the history of previous violations by the employer, the seriousness of the violation, thegood faith of the employer and the size of the employer's business. No administrative penalty shall be levied pursuantto this section unless the Commissioner of Labor provides the alleged violator with notification of the violationand of the amount of the penalty by certified mail and an opportunity to request a hearing before the commissioneror his designee within 15 days following the receipt of the notice. If a hearing is requested, the commissionershall issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested,the notice shall become a final order upon expiration of the 15-day period. Payment of the penalty is due whena final order is issued or when the notice becomes a final order. Any penalty imposed pursuant to this sectionmay be recovered with costs in a summary proceeding commenced by the commissioner pursuant to "the penaltyenforcement law" (N.J.S.2A:58-1 et seq.). Any sum collected as a fine or penalty pursuant to this sectionshall be applied toward enforcement and administration costs of the Division of Workplace Standards in the Departmentof Labor.

34:11-17. Negotiable orders

It shall be unlawful for any person or corporation to pay their employees in store goods or merchandise, orto issue for the payment of labor any order or other paper whatsoever, unless the same is negotiable and by itsterms redeemable for face value at sight in lawful money of the United States, by the person giving or issuingthe same, but nothing in this section shall prevent any private individual from giving orders for goods and merchandiseon any store in the profits or business of which he has no interest, directly or indirectly.

34:11-18. Forfeiture on issuing orders in payment for labor; no offset; limitations

Any employer paying its employees in store goods or merchandise or giving or issuing or authorizing to be givenor issued in payment for labor, any due bills or orders contrary to any law shall forfeit the amount of wages orpay for which such orders were given and the same shall not be offset against any claims for wages but recoverymay be had for such wages in full as though no such orders or due bills had been given or paid and no settlementwith the employer shall bar an action therefor until after the lapse of one year from such settlement.

34:11-19. Punishment for issuing orders in payment for labor

Any person giving or issuing in payment of labor, any due bills or orders contrary to law shall be guilty ofa misdemeanor and punishable by fine of not more than five hundred dollars.

34:11-21. Attempting to control employees in purchase of store goods unlawful

It shall not be lawful for an employer, or his agents, clerks or superintendents, owning or controlling anystores for the sale of general store goods or merchandise in connection with his manufacturing or other business,to attempt to control his employees in the purchase of store goods or supplies at such stores by withholding paymentof wages beyond the usual time of payment, whereby the employee would be compelled to purchase supplies at anysuch stores.

34:11-22. Penalty for attempting to control employees in purchase of store goods

Any person offending against the provisions of section 34:11-21 of this title shall be guilty of a misdemeanorand on conviction thereof shall be fined not to exceed one hundred dollars, with costs of suit, for each offenseto be sued by and for the benefit of any citizen of the state.

34:11-24.1. Medical examinations requested by employers.

No employer or prospective employer shall deduct from the wages of any employee or from the wages to be paidto a prospective employee any sum, or in any manner require payment of any sum from such employee or prospectiveemployee, to defray the cost of any medical examination of such employee or prospective employee when such examinationis made at the request or direction of the employer, by a physician designated by said employer, as a conditionof entering or continuing employment, and in the event that the employee or prospective employee pays for any suchmedical examination, the employer or prospective employer shall reimburse the employee or prospective employeefor the amount of any such payment.

34:11-24.2. Penalty for violation

Every person who shall violate any of the provisions of this act shall be liable to a penalty of one hundreddollars ($100.00), to be recovered by and in the name of the Department of Labor and Industry for the use of theState